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CLINE v. AMERICAN AGGREGATES CORPORATION

No. 83-1910.

15 Ohio St. 3d 384 (1984)

CLINE ET AL., APPELLANTS, v. AMERICAN AGGREGATES CORPORATION, APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1984.

Attorney(s) appearing for the Case

Mr. Steve J. Edwards, Messrs. Hastie & Moore and Mr. Michael Garth Moore, for appellants.

Messrs. Lucas, Prendergast, Albright, Gibson & Newman, Mr. Robert E. Albright and Mr. Richard C. Brahm, for appellee.

Mr. Joseph X. DiNovo, urging reversal for amicus curiae, National Water Well Assn.

Ms. Christine N. Carlson, urging reversal for amicus curiae, Ohio Environmental Council.

J. P. CELEBREZZE, J.

This court is today asked to reexamine the common law of Ohio as it is applied to ground water. The current standard recognizes no correlative rights with respect to ground water between adjoining landowners. This court last examined the issues encompassed in the present case in Frazier v. Brown (1861), 12 Ohio St. 294. In Frazier the "English rule" was applied to resolve any conflict involving percolating ground water.

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